What Is a Medical Malpractice Claim?
A medical malpractice claim is brought by patients who complain about the carelessness of a healthcare professional. The patient, or or his estate in the event of a deceased patient must show that the negligence caused injury or harm.
Legal actions claiming medical malpractice are usually filed in state trial courts. To prevail in a lawsuit the party seeking to be harmed must demonstrate four legal elements:
Duty of care
In any legal action, the plaintiff needs to show that another person or entity was liable to them for a duty of care, and they failed to fulfill this obligation. In medical malpractice cases this is the responsibility of a doctor to provide the highest standard of care to their patients. Expert testimony is usually used to determine this.
Expert witnesses can help determine the appropriate medical standards and then explain how a doctor did not follow the guidelines in their treatment of the patient. A medical malpractice lawyer for a plaintiff must prove that the error was directly accountable for the injury of the victim.
Expert testimony is essential, as most jurors do not have a good understanding of anatomy, and they watch numerous medical malpractice law firms dramas. In the case of medical malpractice this is crucial as it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit the standard refers the level of skill quality of care, as well as the degree of diligence other doctors in similar specialties in similar circumstances.
Experts in medical malpractice cases are typically fellow physicians or surgeons who have the same training and accreditation. It is often difficult to locate an expert willing to testify against substandard medical care due to the “conspiracy” of silence among doctors.
Breach of duty
If a doctor makes an error that causes harm to the patient, it is considered medical malpractice. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are difficult to prove since they are based on complex laws and issues. However, a good medical malpractice lawyer will review the circumstances of your case and determine if a doctor has violated his or her duty to the patient.
Your attorney will establish a doctor-patient relation between you and your physician, which is necessary to prove a malpractice claim. Your attorney will scrutinize the actions and decisions of your physician to determine the level of care in your state for doctors with similar training, experience and geographical location is in place.
Physicians owe a duty to their patients to follow these standards without deviation or omission. A breach of that duty means that the doctor was not able to meet the expectations of his patients and caused harm to you.
It is easy to prove an infraction of duty with the help of expert witnesses and your attorney’s investigation. Expert witnesses can testify to how the doctor’s actions do not meet the standards of care and describe how a different medical professional in similar circumstances would have behaved differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans and prescriptions in order to build an argument that proves the breach of duty committed by the doctor directly contributed to your injuries.
Causation
Medical mistakes can increase the risk of a wide range of treatments. To prove the cause of malpractice in a claim, an injured patient must establish a direct connection between the alleged negligence and the injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.
Medical errors could include errors in diagnosis, such as misdiagnosing serious diseases or conditions. If doctors fail to recognize cancer or another disease, it can have severe consequences for the patient. In this scenario the patient could experience in pain that is not needed and could even end up dying. If the doctor failed to diagnose the condition properly, the doctor may have committed a mistake.
Proving that your doctor, or hospital was negligent in the treatment you received is a lengthy and difficult process. The evidence needed could include various sources, including medical reports and test results as along with expert testimony from witnesses and oral depositions. Your attorney can help you find and interpret this evidence, as well as assist you during the deposition process.
It is important to note that only healthcare professionals are liable for malpractice. In contrast to receptionists in medical centers nurses and doctors must act according to the standards of care. This means that medical professionals should be able to foresee consequences based on their skills and education.
Damages
In medical malpractice cases, the courts will be hearing about financial compensations that are meant to compensate injured patients. These damages may include past and future medical bills loss of wages, disfigurement, pain and suffering and loss of enjoyment of life. In some instances punitive damages could also be awarded; these are reserved for particularly egregious actions that society has an interest in preventing.
A medical malpractice claim typically begins with the filing a civil summons as well as a complaint in court. The parties will then begin discovery. This is a procedure in which the defendant and plaintiff give statements under oath. This can include requesting the exchange of documents like medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.
One of the first things to prove in a medical negligence case is that the doctor owed an obligation under law to provide medical care and treatment to the patient. The other element to prove is that the doctor did not fulfill the obligation by failing to follow the medical standard of care. The third factor is that the breach resulted in injury to the patient.
It is important to remember that the statute of limitations (the legally-defined period within which a medical malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.
